TITLE III:INTERIOR ENFORCEMENT

previous next

§ 3301 : FUNDING


a.

ESTABLISHMENT OF THE INTERIOR ENFORCEMENT ACCOUNT.—There is hereby established in the Treasury of the United States an account which shall be known as the Interior Enforcement Account.

b.

APPROPRIATIONS.—There are authorized to be appropriated to the Interior Enforcement Account $1,000,000,000 to carry out this title and the amendments made by this title, including the following appropriations:

1.

In each of the 5 years beginning on the date of the enactment of this Act, the appropriations necessary to increase to a level not less than 5,000, by the end of such 5-year period, the total number of personnel of the Department assigned exclusively or principally to an office or offices in U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement (and consistent with the missions of such agencies), dedicated to administering the System, and monitoring and enforcing compliance with sections 274A,274B, and 274Cof the Immigration and Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), including compliance with the requirements of the Electronic Verification System established under section 274A(d)of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3101. Such personnel shall perform compliance and monitoring functions, including the following:

A.

Verify compliance of employers participating in such System with the requirements for participation that are prescribed by the Secretary.

B.

Monitor such System for multiple uses of social security account numbers and immigration identification numbers that could indicate identity theft or fraud.

C.

Monitor such System to identify discriminatory or unfair practices.

D.

Monitor such System to identify employers who are not using such System properly, including employers who fail to make available appropriate records with respect to their queries and any notices of confirmation, nonconfirmation, or further action.

E.

Identify instances in which an employee alleges that an employer violated the employee’s privacy or civil rights, or misused such System, and create procedures for an employee to report such an allegation.

F.

Analyze and audit the use of such System and the data obtained through such System to identify fraud trends, including fraud trends across industries, geographical areas, or employer size.

G.

Analyze and audit the use of such System and the data obtained through such System to develop compliance tools as necessary to respond to changing patterns of fraud.

H.

Provide employers with additional training and other information on the proper use of such System, including training related to privacy and employee rights.

I.

Perform threshold evaluation of cases for referral to the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice or the Equal Employment Opportunity Commission, and other officials or agencies with responsibility for enforcing anti-discrimination, civil rights, privacy, or worker protection laws, as may be appropriate.

J.

Any other compliance and monitoring activities that the Secretary determines are necessary to ensure the functioning of such System.

K.

Investigate identity theft and fraud detected through such System and undertake the necessary enforcement or referral actions.

L.

Investigate use of or access to fraudulent documents and undertake the necessary enforcement actions.

M.

Perform any other investigations that the Secretary determines are necessary to ensure the lawful functioning of such System, and undertake any enforcement actions necessary as a result of such investigations.

2.

The appropriations necessary to acquire, install, and maintain technological equipment necessary to support the functioning of such System and the connectivity between U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement, the Department of Justice, and other agencies or officials with respect to the sharing of information to support such System and related immigration enforcement actions.

3.

The appropriations necessary to establish a robust redress process for employees who wish to appeal contested nonconfirmations to ensure the accuracy and fairness of such System.

4.

The appropriations necessary to provide a means by which individuals may access their own employment authorization data to ensure the accuracy of such data, independent of an individual’s employer.

5.

The appropriations necessary to carry out the identity authentication mechanisms described in section 274A(c)(1)(F)of the Immigration and Nationality Act, as amended by section 3101(a).

6.

The appropriations necessary for the Office for Civil Rights and Civil Liberties and the Office of Privacy of the Department to perform the responsibilities of such Offices related to such System.

7.

The appropriations necessary to make grants to States to support the States in assisting the Federal Government in carrying out the provisions of this title and the amendments made by this title.

c.

ESTABLISHMENT OF REIMBURSABLE AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND SECURITY AND THE SOCIAL SECURITY ADMINISTRATION— Effective for fiscal years beginning on or after the date of enactment of this Act, the Secretary and the Commissioner of Social Security shall enter into and maintain an agreement that —.

1.

provides funds to the Commissioner for the full costs of the responsibilities of the Commissioner under this section, including —

A.

acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under this section; and

B.

responding to individuals who contest a further action notice or provided by the employment verification system established under section 274A of the Immigration and Nationality Act, as amended by section 3101;

2.

provides such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary; and

3.

requires an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement which shall be reviewed by the Office of the Inspector General of the Social Security Administration and the Department.

d.

AUTHORIZATION OF APPROPRIATIONS TO THE ATTORNEY GENERAL.—There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out the provisions of this title and the amendments made by this title, including enforcing compliance with section 274Bof the Immigration and Nationality Act, as amended by section 3105.

e.

AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE.—There are authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out the provisions of this title and the amendments made by this title.